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Colorado County Treasurers’. Tax Lien Sale - Notice to delinquent owner (39-11-101) No later that September 1st Allow at least 15 days from the notice day to make payment - Publish delinquent listing (39-11-102)
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Colorado County Treasurers’ • Tax Lien Sale • - Notice to delinquent owner (39-11-101) • No later that September 1st • Allow at least 15 days from the notice day to make payment • - Publish delinquent listing (39-11-102) • First publication at least four weeks prior to the tax lien sale date • Publish for 3 consecutive weeks on the same day of the week • Post a copy of the published notice in a conspicuous place in the office
- Affidavit of posting (39-10-103) • Record with the Clerk • - Publisher’s affidavit (39-11-104) • Treasurer to keep – may want to record with Clerk • - County commissioners select publisher (39-11-105) • - Conducting the sale (39-11-108) • May be held live, in person, or via the internet
- Record of sale (39-11-114) • Must contain the date of sale, property description, owner’s name, purchaser’s name, • total of taxes, interest, advertising, fees, subsequent years taxes paid, assignments, • Redeeming party & date of redemption, total paid for redemption, to whom the deed • conveyed.
- To whom sold (39-11-115) • Successful bidder [should have filed a completed W9 form] • County Treasurer granted broad powers to set bidding rules • - Recognition of buyers; numerical sequence, rotation or in the order in which bids are • made.
- Determining order in which tax liens are sold • - Treasurer may set minimum bid increases • - Treasurer may set a minimum amount below which bids are not accepted • - Treasurer may combine certain parcels • - Treasurer shall announce rules prior to sale
- Certificate of purchase (39-11-117) • Issue to the successful bidder • Assignable (39-11-118) • - Subsequent years taxes (39-11-119) • May be paid and added to lien
- Presentation for Treasurer’s deed (39-11-120) • Deed not to issue sooner that three years from the original tax lien sale date • All subsequent years taxes must be paid prior to issuance of the deed • Ascertain who is entitled to legal notice of deed application (title work)
Publish the deed application; first publication must be 90 to 150 days prior to the • issuance of the deed. • Mail notices certified, return receipt to those entitled • May need to post property (court case) • Issue and record the deed
- Statute of limitations (39-11-148) • Investor held lien – 15 years • County held lien – 30 years (39-11-142[6][a])
- County officials and employees may not acquire tax lien or property by sale of a lien (39-11-151) • - No person or immediate family or agent during employment or term of office
- Redemption (39-12-103) • After sale but prior to deed by owner, agent, assignee, attorney or any person having • lien or equitable claim or a prior tax lien holder. • There may be a partial redemption by an undivided interest for a ratable share of the • lien.
A person under legal disability may redeem within nine years of the recording of the deed (39-12-104).
- Acceptable Funds • No specific statute detailing what type of payment is OK. Suggest as a guiding Statute, 38-37-108 the Public Trustee’s payment statute which specifies: cash, electronic transfer to an • account of the public trustee available for such purpose, or certified check, cashier’s check, teller’s check, or draft denominated as an official check that is a teller’s or check cashier’s check
payment • as those terms are defined in and governed by the “Uniform Commercial Code”, title 4, C.R.S., made payable to the public trustee, and certified or issued by a state-chartered bank, savings and loan association, or credit union licensed to do business in the state of Colorado or a federally chartered bank, savings bank or credit union.